shall be Fined for every Hide so by him sold or oâ—herwise disposed of to be exported One Thousand Pounds of Tâ—bâ—â—co Provided 〈◊〉 Sale may be made of Hides to any person living in the Countrey the Clause in a former Act prohibiting the same to be sold in the Country to the contrary notwithstanding At a Grand Assembly held at JAMES CITY September 10th 1663 and in the Fifteenth Year of our Sovereign Lord King CHARLES II. I. An Act probibiting the unlawful Assembling of Quakers WHereas it is evident of late times that certain persons under the names of Quakers and other names of separation have taken up and maintained sundry dangerous Opinions and â—enets And whereas the said persons under pretence of Religious Worship do often Assemble themselves in great numbers in several parts of this Countrey to the great indangering its publick peace and safety and to the terror of the People by maintaining a secret and strict Correspondency amongst themselves and in the mean time separating themselves from the rest of his Majesties good and loyal Subjects and from the Publick Congregations and places of Divine Worship and Service for redressing whereof and better preventing the many Mischiefs and Dangers that may and do arise by such dangerous Tenets and unlawful Assemblies Be it Enacted by this present Grand Assembly and the Authority thereof That if any person or persons commonly called Quakers or any other Separatist whatsoever in this Collony shall at any time after the Publishing this Act in the several respective Counties depart from the place of their several Habitations and Assemble themselves to the number of Five or more Quakers â—y other Separatists Assembling to the number of five under a pretence of Religious Worship how to be punished of the age of Sixteen years or upwards at any one time in any one place under a pretence of joyning in a Religious Worship not Authorized of England nor of this Countrey That then in all and every such Case and Cases the Party so Offending being thereof Lawfully Convicted by the Verdict of Twelve Men or by his own Confession or by notorious Evidence of the Fact shall for the first Offence each Person forfeit and pay Two hundred pounds of Tobacco and if any such person or persons being once convicted shall again Offend therein and shall in form aforesaid be thereof lawfully Convicted shall for the Second Offence forfeit and pay Five hundred pounds of Tobacco to be levied by Distress or Sale of the Goods of the Party so convicted by Warrant from any one Justice of the Peace before whom they shall be so convicted rendring the Overplus to the Owners if any be and for want of such distress or for want of Ability of any Person amongst them to pay the said Fine or Fines then it shall be lawful to levy and recover the same from the rest of the Separatists or Quakers or any one of them then present that are of greater Abilities to pay the said Fine or Fines And if any person after he or she in form aforesaid Such persons being convicted the Third time shall be banished this Collony hath been twice convicted of any the said Offences shall Offend therein the third time and thereof lawfully convicted that then every such person so Offending and Convict as aforesaid shall for his or her third Offence be Banished this Collony of Virginia to the place the Governour and Council shall appoint And be it further Enacted by the Power and Authority aforesaid That each Master of Ship or Vessel that shall import or bring in any Quakers into this Collony to reside after the first day of July next unless by vertue of an Act of Parliament made in England the Nineteenth day of May in the Fourteenth year of the Reign of our Sovereign Lord the King shall be fined Five thousand pounds of Tobacco to be levied by Distress and Sale of the Masters Goods by Warrant from any Justice of the Peace in the County where any such person or persons shall arrive the same being proved by sufficient Evidence and the said Master shall be further enjoyned to carry him or them out of the Countrey again when his Ship returns and to take especial Care to secure him her or them so brought in as aforesaid from spreading any seditious Tenets whilst he she or they remain in the Countrey And be it further Enacted Inhabitants that shall entertain Preaching Quakers to be fined That any person or persons Inhabitants of this Countrey that shall entertain any Quakers in or near their Houses to teach or preach shall likewise be fined Five thousand pounds of Tobacco for each time they do so entertain them to be levied by Distress and Sale of the persons Goods by Order from the Justices of the Peace in the next County Court held for that County where the Fact was committed before whom the said Fact shall be by Evidence proved And be it further Enacted for prevention of Neglects in the due Execution of this Act by any Magistrate or Magistrates Officer or Officers of this Collony that in case any Justice of the Peace or any other Officer shall neglect the performance of their Duty in prosecuting this Act or shall directly or indirectly connive at any Breaches thereof he or they for every such Offence shall be fined Two thousand Pounds of Tobacco to be levied by Distress and Sale of the Gooods of the person so offending he or they being thereof lawfully convicted by the Virdict of Twelve men by his own confession or evidence of Fact Justices of Peace within the limits of their Commission to hear determine Offences of this kind and to grant their Warrants for levying of Fines And be it further Enacted by the Authority aforesaid That all the Justices the Peace in their several Counties shall be hereafter impowred to enquire hear and determine all and every the Offences aforesaid within the limits of their Commission and to give Warrant for the levying and distressing the Fines upon the Goods of the persons offending all which said Fines mentioned in this Act shall be disposed of to the use and uses purpose and purposes following viz The Two hundred and Five hundred Pounds of Tobacco imposed on the Quakers and other Separatists for unlawful Assembling shall be paid half to the Informer half to the use of the Parish where the Fact was committed that the Five thousand Pounds of Tobacco imposed on each Master that shall bring in any Quaker Levies and Fines for unlawful Assemblies how to be disposed of shall be paid half to the Informer half to the use of the Parishes in the County where the person or persons do arrive that the Five thousand pounds of Tobacco imposed upon every Inhabitant that shall entertain as aforesaid in or near his House any Quaker shall be paid half to the Informer half to the Parishes in the County where he lives for Pious uses Provided always
A Complete Collection OF ALL THE LAVVS OF VIRGINIA NOW IN FORCE Carefully Copied from the ASSEMBLY RECORDS To which is Annexed an ALPHABETICAL TABLE LONDON Printed by T. J. for J. P. and are to be sold by Tho. Mercer at the Sign of the Half Moon the Corner Shop of the Royal-Exchange in Cornhil To His Excellency FRANCIS LORD HOWARD BARON of EFFINGHAM His MAJESTIES LIEUTENANT and GOVERNOUR GENERAL OF VIRGINIA May it please your Excellency THough I know it a high Presumption in me to affix so great a Name to these Papers yet I likewise very well know how hainous and apparent a Premunire I should incurr against all Equity and Justice and in more particular manner against my bounden Duty to your Lordship to Entitle any other to their Protection or to set up any Foreign Power to be Supream and Paramount to that of your Excellency's over them You my Lord being at this time seated in the great and honourable Station of Governour General under his most Sacred Majesty of that Place which the subject Matter of these Papers particularly relate to My Lord Those many Gracious and Regal Grants and Priviledges which his most Excellent Majesty and Royal Ancestors of ever blessed Memory have from time to time bestowed upon this his Majesties Colony of Virginia since the first Settlement of the English there have given being to these Laws for the better Government thereof it being impossible for any number of Men to be at Peace or to flourish and prosper without good Laws which are the firm Pillars of Government and the strong Bonds of all Humane Society One had as good live in a Desart amongst Savage Beasts as among Men without Law to defend him for Laws are the Hedges on either side the Road which hinders from breaking into other Mens Propriety Laws are every Mans Civil Armour that Guards him from the Gripes of Rapine and all other Outragious Assaults and Insolencies and indeed 't is for this chiefly that Laws are of use amongst us not only to be our Guide but also our Shield The Great and Universal Monarch of the World the Supream Being at first in the very Infancy of Time gave unto Man a Law upon Parole inscribed in his heart that by those inward Dictates he might be guided and bounded in the whole Course and Road of his Life but such has the Pravity of Humane Nature been that this Divine Inscription is in a great measure defaced so that Kings and Princes have found it of absolute necessity to give Literal and Prescripted Laws for the Government and Well-being of Mankind in their respective Places and Societies These Papers being a Collection of the Laws of this Place presume not to Instruct your Excellency who in the fair Volume of your great Mind have all the Laws of Equity and Justice engraven and the vast Universal Idea of whatever can be call'd good in Mankind is there stamp'd But my Lord these Papers which contain Laws and therefore ought to preserve others from Calumny and Censures yet cannot themselves humbly crave your Excellencies Patronage which proves a Sanctuary to all Goodness so well as your Power is a Terror to all Vice The Design of this Collection of Laws is the Good of the Inhabitants of this Place for Laws though Enacted stand in little stead and use till they are promulgated and made known to all persons concerned in the Obedience of them Not my Lord that I accuse all the Inhabitants here with ignorance of their Duty but may it please your Excellency The knowledg of all things that are good the more diffusive the better and I hope my Lord that my honest and good intent herein will lessen and expiate in some measure my presumption in this Dedication to your Excellency Your Illustrious Fore-fathers have been always famous for their constant and exemplary Loyalty to their Prince and some of them have received the Signal Marks of Royal Bounty Your Excellency has eminently and deservedly partaken of both for his most Sacred Majesty whom God grant long to Reign seeing you treading in the same Steps of Loyalty with your Vertuous and Noble Ancestors hath in his Princely Wisdom been pleased to entrust your Lordship with the Weighty and Honourable Employment of Lieutenant and Governour General of VIRGINIA How happy is his Majesty in so Wise and Faithful a Subject and Minister And how happy is your Excellency in serving a King whose Wisdom cannot only discern and justly value but whose Goodness and Power can also Recompence the Merits of a Subject never so great But my Lord I dare not extend my self upon your Excellencies Panegyrick which is an infinite Subject and requires the Pen of the most Skilful Orator I shall therefore content my self to admire with other Men what I cannot comprehend lest I should offend and be injurious to your Excellency by my little and weak Expressions which are far below my thoughts and my thoughts far below your great and high Merits which necessarily forces all Men whose happiness 't is to know your Lordship to aspire and I more than all others to take the liberty to write and stile my self My most Honoured Lord Your Excellencies most Humble most Devoted and most Obedient Servant J. P. A Complete Collection OF THE LAVVS OF VIRGINIA AT A Grand Assembly HELD AT JAMES CITY 23 MARCH 1662. WHEREAS the late unhappy Distractions caused frequent Change in the Government of this Countrey and those produced so many Alterations in the Laws that the people knew not well what to obey nor the Judges what to punish By which means Injustice was hardly to be avoided and the Just Freedom of the People by the uncertainty and licentiousness of the Laws hardly to be preserved This Assembly taking the same into their serious Considerations and gravely weighing the Obligations they are to discharge to God the King and the Countrey have by settling the Laws diligently endeavoured to prevent the like Inconveniencies by causing the whole Body of the Laws to be revived all unnecessary Acts and chiefly such as might keep in memory our forced deviation from His Majesties Obedience to be repealed and expunged and those that are in force to be brought into one Volume And lest any prejudice might arise by the ignorance of the Times from whence those Acts were in force they have added the Dates of every Act to the end that Courts might rightly administer Justice and give Sentence according to Law for any thing happening at any time since any Law was in force And have also endeavoured in all things as near as the Capacity and Constitution of this Countrey would admit to adhere to those excellent and often refined Laws of England to which we profess and acknowledge all Reverence and Obedience And that the Laws made by us are intended by us but as Brief Memorials of that which the Capacity of our Courts is utterly unable to collect out of its vast Volumes though sometimes
and persons inhabiting in this Countrey having no lawful excuse to absent shall upon every Sunday and the four Holy Days hereafter mentioned diligently resort to their Parish Church or Chappel accustomed then and there to abide orderly and soberly during the time of Common-Prayer Preaching or other Service of God upon penalty of being Fined Fifty pounds of Tobacco by the County Court upon presentment made by the Church-Wardens who are to Collect the same with the Parish Levies Provided always That this Act conclude not Quakers or other Recusants who out of Non-conformity to the Church totally absent themselves but that they shall be liable to such Fines and Punishments as by the Statute of 23 of Eliz. are Imposed on them being for every Months absence Twenty pounds Sterling and if they forbear a Twelve-month then to give good security for their Behaviour besides their payment for their Monthly absence according to the Tenor of the said Statute Quakers to be presented as by 23 Eliz. Presentments of Defaulters to be made by the Church-wardens And that all Quakers for Assembling in unlawful Assemblies and Conventicles be fined and pay each of them there taken 200 l. of Tobacco for each time they shall be for such unlawful Meetings presented by the Church-wardens to the County Courts X. January the 30th to be kept a Fast WHereas our late Surrender and Submission to that execrable power that so bloodily massacred the late King Charles the First of ever blessed Memory hath made us by acknowledging them guilty of their Crimes to shew our serious and hearty repentance and detestation of that Barbarous Act Be it Enacted A yearly Fast on the 30th of January That the Thirtieth of January the day the said King was Beheaded be annually solemnized with Fasting and Prayers that our Sorrows may expiate our Crime and our Tears wash away our Guilt XI May 29th to be kept holy SInce God of his Mercy hath been pleased to Restore our late distracted Kingdoms to Peace and Unity And his late distressed Majesty to the Throne of his Royal Ancestors The 29th of May to be Celebrated as an Holy day Be it Enacted That in Testimony of our Thankfulness and Joy the Twenty-Ninth of May the day of his Majesties Birth and happy Restitution be annually Celebrated as an Holy day XII None to be Married but by Ministers nor by them but by Licence or publishing the Banes Marriage to be performed by Ministers only and according to the Laws of England THat no Marriage be solemnized or reputed valid in Law but such as is made by the Minister according to the Laws of England And that no Minister Marry any person without Licence from the Governour of his Deputy or thrice publication of Banes according to the prescription of the Rubrick in the Common-Prayer Book which enjoyns That if the persons to be Married dwell in several Parishes None to be Married without Licence or publication of Banes the Banes must be asked in both Parishes and that the Curate of the one Parish shall not solemnize the Matrimony until he have a Certificate from the Curate of the other Parish that the Banes have been there thrice published and no objection made against the Parties joyning together And if any Minister shall contrary to this Act Marry any persons he shall be Fined Ten thousand pounds of Tobacco The Penalty And any pretended Marriage made by any other then a Minister be reputed Null and the Children born out of such Marriage of the Parents esteemed illegitimate And the Parents suffer such punishment as by the Law prohibiting Fornication ought to be Inflicted XIII Church-wardens to make Presentment THat the Church-wardens shall twice every year Church-wardens shall make Presentments of all Misdemeanors twice in the year viz. In December Court and April Court deliver a true Presentment in Writing of such Misdemeanors as by their Knowledge or by common Fame have been commmitted whilst they have been Church-wardens namely Swearing Prophaning Gods holy Name or Sabbath abusing or contemning his holy Word and Sacraments or absenting themselves from the Exercise thereof Presentments for what As also of those foul and abominable sins of Drunkenness Fornication and Adultery and of all Malicious and Envious Slandering and Backbiting for the better manifestation whereof the said Church-wardens are Impowered to Cause all such Persons upon whose reports they ground their Presentments to appear at the respective County Courts to which the Presentments are made to give in their Evidences concerning the same XIV Burying of Servants or others privately prohibited WHereas the private Burial of Servants and others Private Burials prohibited give occasion of much Scandal against divers Persons and sometimes not undeservedly of being guilty of their Deaths from which if the person suspected be Innocent there can be no Vindication nor if Guilty no Punishment by reason they are for the most part Buried without the Knowledg or View of any others then such of the Family as by nearness of Relation as being Husband Wife or Child are unwilling or as Servants are fearful to make discovery if Murther were Committed for Remedy whereof as also for taking away that Barbarous Custom of exposing the Corps of the Dead by making their Graves in Common and Unfenced Places to the prey of Hogs and other Vermine Places to be set a-part for Publick Burial Be it Enacted That there be in every Parish Three or Four or more Places appointed according to the greatness or littleness of the same to be set a-part and fenced in for Places of Publick Burial for that Precinct And further That before the Corps be Buried there be at least three or four of the Neighbours called who may in case of Suspicion view the Corps and if none yet according to the decent Custom of all Christendom they may accompany it to the Grave And be it further Enacted That no persons whether Free or Servants shall be Buried in any other place than those so appointed unless such who by their own Appointments in their life time have signified their desire of being interred in any particular place else where XV. Church-wardens to keep the Church in repair and provide Ornaments Churches to be Repaired ANd it is further Enacted That the said Church-wardens take care and be impowered during their Church-wardenship A Great Bible two Common-Prayer-Books a Communion Cloth and other Ornaments to be provided to keep the Church in Repair provide Books and decent Ornaments Viz. a Great Bible two Comon Prayer Books a Communion Cloth and Napkins a Pulpit and Cushion this present year and after annually something towards Communion Plate Pulpit Cloth and Bell as the Ability of the Parish will permit And that they the said Church-wardens do faithfully Collect the Ministers Dues Church-wardens to Collect the Ministers Dues Cause them to be brought to Convenient places and honestly pay them and that of all their
of the small Estate they have without diminution of the Principal which whether great or small always to be delivered to the Orphan at the years appointed by Law That all Cattle Horses and Sheep be returned in kind by the Guardian according to the age and number when as he received them Cattle Horses and Sheep shall be returned in kind and because several had before the first making of this Act Estates of Orphans in their hands which they kept for the male increase and giving the yearly Accompt of the augmentation or diminution of the Orphans Stock which by the carelessness or wickedness of the Guardians was usually consumed before they came to age and disputes thereupon arise in the several Courts how such persons should be proceeded with and Accounts of Orphans Estates how to be given them it is hereby declared That all persons possessed of Orphans-Stocks before the first making this act shall be bound to deliver to the Orphan when he comes to age such and so many of any kind as he was possest of when he gave his account to the next Orphans Court succeeding the Publication thereof That all Plate and Money be preserved and delivered in kind according to the weight and quantity Plate and Money shall be also returned in kind other Houshold-Stuff shall be appraised and sold that other Houshould Stuff and Lumber be apprized in Money and the value thereof paid by the Guardian to the Orphan when he comes to age in the Country Commodities at the price currant as it shall be worth at the time in the place where the Orphan Estate is managed That the Court take able and sufficient security for Orphans Estates and enquire yearly of the Security and if the Court see Cause to have it changed and called in and placed as the Court shall think fit the said Court to inquire also whether Orphans be kept maintained and educated according to their Estates and if they find any notorious defect to remove the Orphans to other Gaurdians and also for those that are bound Apprentices to change their Masters if they use them rigorously or neglect to teach them their Trades That no more be allowed to Guardians for Collecting of Debts due to any Estate than Ten in the Hundred Ten per Cent allow'd to Guardians for collecting Debts due to Orphans the usual allowance of Merchants to their Factors and Attorneys That Thirty Pounds of Tobacco per day be allowed to each Apprizer for Apprizement of any Estate if they will take it and no more Allowance for Appraisement and for Funeral Charges regulated That no allowance be made by the Court of excessive Funeral expences but that a Regulation thereof be made according to the proportion of the Estate and the quality of the person LXVII Orphans Land not to be Aliened BE it also Enacted for the future benefit of all Orphans That the several County Courts do take into their serious Consideration and Care that the Lands in their County belonging to any Orphan be not aliened sold or taken up as deserted Land by any persons during the minority of the Orphan and that the Guardians or Overseers of any Orphan do not Let Set or Farm out any Land belonging to any Orphan for longer Term than until the Orphan be of age and that an especial care be had that the Tenant shall improve the Plantation by planting an Orchard and building a good House and that the Tenant be bound to maintain good Fence about the Orchard and keep the House in sufficient repair Timber upon Orphans Land not to be wasted and the Houses to be kept in repair and leave it Tenantable at his surrender and that Provision be made in the Lease for preventing all waste of Timber or imploying it to any other use then the use of the Plantation LXVIII Grants of Land BE it hereby Enacted That any person or persons claiming Land as due by Importation of Servants shall first prove their Title or just Right before the Governour and Council How persons claiming Land by importation of Servants must prove their Title or produce Certificates from the County Courts to the Secretarys Office before any Survey be made or Grant admitted it being unreasonable that others furnished with Rights should be debarred by Pretence of a survey which in it self is no Title LXIX Deserted Lands BE it also Enacted No Deserted Land shall be taken up by Patent till after the term of Three Years without Order obtained of the Governour and Council That no Patent of Land shall hereafter pass upon pretence that the Land is deserted for want of planting within the time of Three years unless proof thereof be made before the Governour and Council and an Order obtained from them for the Patenting thereof neither shall the first Petitioner for any Deserted Land be denied of having the first Grant he making his Rights appear when he Petitions for the Land And whereas the former Act concerning Deserted Lands reserved to the first taker up his Rights to take up Land in an other Place It is here Enacted That in regard he hath had the benefits of his Rights held the Land in Possession might make use of the Timber without contradiction and yet neither pays the King any Rents nor suffers him to admit any new Tenant that the Rights as well as the Land shall be forfeiâ—ed and the Grantee made incapable of using any of them afterwards Provided That any Person having taken up Land deserted before the making of this Act in November 1652 shall not by Virtue of this Act be outed of Possession LXX Seating upon others Dividends WHereas divers Suits have risen about seating ignorantly upon other Mens Lands Any Person who has built upon Lands supposed his own but upon Survey prove to belong to another shall have the charge thereof allow'd by the right Owner for deciding the same Be it Enacted That if any Person whatsoever hath built or seated upon any Lands supposed his own but proving by a just Survey to belong to another the charge of such building seating or clearing shall by Twelve Men upon their Oaths be indifferently valued and the consideration by the said Twelve Men so adjudged shall be paid by the Owner of the Land to the first Seater that was at the charge but if that shall amount to more than the said Owner is willing to disburse then the said Twelve Men shall make a valuation of what the Land was worth before the Seating thereof Or else shall Purchase the Land Twelve Men upon Oath are to decide any Controversy arising thereupon which the Seator shall accordingly pay to the true Owner Provided always That no consideratien shall be allowed for building or clearing to any Person that shall obstinately persist after lawful warning given him to desist LXXI Not to shoot or range upon other Mens Lands WHereas the Rights and Interests of the Inhabitants are very
for prevention of the injuries done to the Indians by the said English Mens Hogs and Cattle shall send such number of hands as they shall be appointed by Commissioners to be authorized by the Governor to help the Indians to fence in a Corn Field proportionable to the number of Persons the said Indian Town doth consist of and that after such Fence once made sufficiently according to the Act of the Assembly if the Indians keep it not in repair what damages soever they shall afterwards sustain shall be at the hazard and sole loss of them the said Indians And be it further Enacted That for the better relief of the poor Indians whom the seating of the English hath forced from their wonted conveniences of Oystering Fishing and Gathering Tuchahoe Cortenions and other wild Fruits by which they were wonted for a great part of the year to subsist Be it therefore Enacted Granted and Confirmed That the said Indians Poor Indians may be licenced to Fish for Oysters and gather Wild Fruits Provided they come not Armed upon address made to Two of the Justices of that County they desiring to Oyster or Gather Wild Fruits in as aforesaid they the said Justices shall grant a Licence to the said Indians to Oyster or gather Wild Fruits as aforesaid Provided the said Justices limit the time the Indians are to stay and the Indians bring not with them any Guns or Ammunitions or other offensive Weapons but only such Tooles or Implements as serve for the end of their coming And if any English Man shall presume to take from the Indians so coming in any of their Goods or shall Kill Wound or Maim any Indian he shall suffer as if he had done the same to an English Man and be Fined for his contempt No person whatever shall buy or receive any Commodity of the Indians without licence And because many under-hand and unlicensed Traders do truck and trade with the Indians contrary to the Act of Assembly and to the great prejudice of all such as legally procure Commissions from the Governour under pretence that the things truckâ— for be given them by the Indians Be it therefore Enacted That what persons soever shall upon any pretence whatsoever buy take or receive any thing or commodity from an Indian shall upon proof thereof at any Court be ordered to pay treble the value of the thing received to the person injured thereby Differences arising in Trade with the Indians shall be referred to the Governour And because sometimes differences may arise between the Indians and those they trade with which if we should proceed by way of Arrest might tend much to the disturbance of the peace of the Countrey Be it therefore Enacted That any Commissionated Trader having a Difference with any Indian King or other shall repair to the Governour for him or such other as he shall appoint to determine the matter in controversie between them And because the imprisonment of an Indian may bring a War upon the Countrey No person shall Imprison any Indian King without Warrant from the Governour and two of the Council and consequently the making of Peace and War being wrested out of those hands it is by his Majesties Commission intrusted into the power of every Individual in the Countrey Be it therefore Enacted That no person of what quality soever presume to imprison any Indian King without a special Warrant from the Governour and two of the Council as they will answer the contrary at their uttermost peril And because this Act cannot be put in Execution without Commissioners to view the present Bounds of the English and Indians Be it therefore Enacted That the Honourable Governour be desired and authorized to appoint uninteressed persons Commissioners Bounds betwixt the English and the Indians shall be fixe And Commissioners thereto appointed shall view the same annually to go with parties of Horse to the several Indian Towns and there to proclaim these and the following Articles of Peace between us and the Indians to settle the Bounds between us and to appoint others of the most integrity to fix the time and assess the Work to help the Indians fence and all other things by this Act enjoyned And for prevention of future Intrenchments beyond the Bounds once fixed Be it further Enacted That the Governour be desired and authorized to commissionate certain Persons annually to visit the same and to take care that no intrenchment be henceforth made upon the Indians And because an interval between the Indians cannot in the present nearness of seating be so laid out as may wholly secure the English from the Indians coming in and pilfering things from them if a free entercourse be admitted Be it therefore Enacted for the prevention thereof and to the end that the Nations may be distinguished and so if they are taken in the manner of doing any injuries the sufferers know to what Kings to address themselves for remedy That Badges viz. Silver Plates and Copper Plates with the Name of the Town graven upon them be given to all adjacent Kings within our protection Indians shall not come within the bounds of the English without Badges and that all the said Kings give it in charge to their People that none of them presume upon what occasion soever to come within the English Bounds without those Badges upon them or one with a Badge in their company and if any damage or injury be done to any English Man by them or any of them that then the King or Great Man of the Place the Badges denote shall be answerable for it and if any shall notwithstanding this Injunction be found in our Bounds without any such Badge or not accompanied with one that shall have them that then it shall be lawful for any English Man to carry him or them before any Justice of the Peace who shall keep him or them in safe custody until their King or Great Man ransom them by paying One hundred Arms length of Roranoake for each Indian so taken to be disposed of by the Publick Provided always That if any English Man shall be found or proved to have taken away any of their Badges thereby to make the Indians guilty of breaking this Law That then the person so offending shall be set in the Pillory two hours on the Court-day in the County where they have committed the Offence with their Fault in great Letters written upon them and to be fined Five thousand Pounds of Tobacco to the use of the Publick and in case of disability lie Six Months in Prison without Bail or Main-prize And be it further Enacted That all Indian Kings Tributary to the English Indian Kings who are tributary to the English shall acquaint them of any Invasion they know of intended by any strange Indians upon this Collony when they have the least notice of any March by any strange Indians near our Quarters shall repair themselves or at least send
Fourteenth Year of our Sovereign Lord King CHARLES II. I. An Act concerning Sheriffs making false Returns WHereas the Sheriffs of the several respective Counties do often contrary to act of Assembly accept of the promise of the Party Arrested instead of taking Bail which by Act he is injoyned to do and yet to save himself Harmless doth make false Returns viz. That the Writ could not be Executed whereby the Creditor is delayed in the Suit or Non est inventus whereby Attachment Issues to the damage of the Defendant Be it therefore Enacted by this present Grand Assembly and the Authority thereof The Penalty of Sheriffs making false Returns That every Sheriff that shall be proved to have executed the Writ and yet make such false Return shall be fined Three thousand pounds of Tobacco one half to the Publick and the other half to the Party damaged or delayed as aforesaid II. An Act concerning Servants Owners of Goods WHereas many Servants imported into this Countrey being ignorant of the Customs here do sometimes bring in with them a small Parcel of Goods or have them sent afterwards by their Friends which usually either the party that Imports them or he to whom they are Assigned as Servants converted to their own use Be it therefore Enacted by this present Grand Assembly and the Authority thereof Servants Goods are to be disposed of for their own use That all Servants bringing Goods in with them not being their Own wearing Apparrel or having them Consigned to them during the time of their Service shall have the propriety in their own Goods and by permission of their Masters dispose of the same for their own future advantage III. An Act against Persons that refuse to have their Children Baptized WHereas many Scismatical Persons either out of aversness to the Orthodox Established Religion or out of the new-fangled conceits of their own Heretical inventions refuse to have their Children Baptized Be it therefore Enacted by this present Grand Assembly and the Authority thereof That all and every person and persons that in contempt of the Divine Sacrament of Baptism The Penalty of refusing to have Children Baptized shall refuse when he or they may carry their Children to a Lawful Minister in that County where he or they dwell to have them Baptized shall be amerced Two thousand pounds of Tobacco half to the Parish half to the Informer IV. An Act declaring how Judgment shall be passed upon a Non est Inventus Returned WHereas by the present Law when a Non est Inventus is Returned Attachment is granted Returnable the next Court and Judgment upon the Attachment the Court following yet if the Arrest be upon an Action of the Case upon Account prescribes no way of making proof of the Debt the Act for Accounts referring them to the Oath of the Debtor Proceedings in case of a Non est Inventus Be it therefore Enacted by the Authority aforesaid That henceforth in all such Cases the Creditors Oath shall be taken to his Account and Judgment pass for the same he deposeth to be due to him and in like manner where Bail is taken and the Defendant appears not upon proof made by the Oath of the Creditor as aforesaid Judgment shall pass against the Bail for the Debt V. An Act for Punishment of Scandalous Persons VVHereas many Babling Women slander and scandalize their Neighbours Babling and Slanderous Women to be punished by Ducking for which their poor Husbands are often involved in chargeable and vexatious Suits and cast in great Damages Be it therefore Enacted by the Authority aforesaid That in Actions of Slander occasioned by the Wife after Judgment passed for the Damages the Woman shall be punished by Ducking and if the Slander be so enormous as to be adjudged at greater Damages then Five hundred pounds of Tobacco then the Woman to suffer a Ducking for each Five hundred pounds of Tobacco adjudged against the Husband if he refuse to pay the Tobacco VI. An Act concerning VVomen-Servants got with Child by their Masters VVHereas by an Act of Assembly made the 23 of March 1661 every Woman-Servant having a Bastard is to repair the trouble and charges sustained by the Master to serve two years after her time by Indenture is expired and late experience shewing that some dissolute Masters having themselves gotten their Women-Servants with Child Women-Servants gotten with Child by their Masters how to be dealt withal yet have shamelesly claimed the benefit of their Service and on the other side if a Woman got with Child by her Master should be freed from that Service it might probably induce such loose persons to lay all their Bastards to their Masters It is therefore thought fit and acccordingly Enacted That from henceforward each Woman-Servant got with Child by her Master shall after her time by Indenture or Custom is expired be by the Church-Wardens of the Parish where she lived when she was brought to Bed of such Bastard sold for two years and the Tobacco be imployed by the Vestry for the use of the Parish VII An Act compelling VVitnesses Subpoenaed to deliver their Evidence upon Oath VVHereas the Law of the Countrey already made prescribes no way of compelling Witnesses to give in their Evidence upon Oath Refusal of giving Evidence punishable by Imprisonment Be it therefore Enacted That henceforth all Witnesses Subpoenaed to give Evidence in any cause if they refuse to declare it upon Oath shall be committed to Prison and there remain until they declare their Evidence upon Oath VIII An Act concerning Servants being the reputed Father of Bastard-Children VVHereas by the present Law of this Countrey the punishment of a reputed Father of a Bastard-Child is the keeping of the Child and saving the Parish harmless Reputed Fathers of Bastard-Children if Servants how to be dealt withal and if it should happen the reputed Father to be a Servant who can no ways accomplish the penalty of that act Be it therefore Enacted by the Authority aforesaid That where any Bastard-Child is gotten by a Servant the Parish shall take care to keep the Child during the time the reputed Father hath to serve by Indenture or Custom and that after the said reputed Father is Free he shall make Satisfaction to the Parish IX An Act enjoyning the recording all Conveyances made in England in the Secretaries Office VVHereas daily Experience sheweth that many Persons Inhabitants of this Countrey do privily make over their Estates to others in England and by that means defraud all their Creditors in this Countrey of their just Debts Be it therefore Enacted That all Conveyances of any Estates in this Countrey made over to any person in England or Authentique Copies All Conveyances shall be recorded in the Secretaries Office shall be sent over to this Countrey the next Shipping after they are made and be here manifested in the General-Court and recorded in the Secretaries Office or else to
to pay Levies FOr Explication of the Laws which have seemed to Exempt Artificers c. from paying Levies Be it Enacted by the Governour Council and Burgesses of this Grand Assembly and by the Authority thereof All Merchants Tradesmen Artificers above the age of 16 shall pay Levies that no Tradesmen Merchants nor any Artificers whatever above the age of sixteen years be exempted for the future from payment of Levies any Act Custom or usuage to the contrary notwithstanding At a Grand Assembly held at JAMES CITY the Twenty first of September Anno 1674. I. An Act for an Address and Supplication to be made to the Kings most excellent Majesty An Act for an Address and Supplication to his Majesty WHereas this Grand Assembly are deeply sensible of the many and grievous Pressures that are dayly growing and still likely to grow and be imposed upon the Inhabitants of this his Majesties Colony of Virginia by certain Lords Pattentees who under Colouâ— and pretence of promoting the good of the Colony and augmenting his Majesties Revenues have obtained certain Letters Pattents and grants derogating and in prejudice of many Royal Concessions and grants from time to time granted by his Majesty and his royal Progenitors in favour to this Colony all which may be justly feared the said Lords by their Deputies and Ministers will endeavour to make void and of none effect by imposing new rents and Services altering the form of our Tennors compelling us to new Surveys and new Patents imposing fines and Compositions on Surplusage Lands and Lapses at their will and pleasure by Nominating of Sheriffs Escheators Surveyors and other Officers and in effect devesting the Government of those just Powers and Authority by which this Colony hath hitherto been kept in Peace and Tranquillity and all mens rights and Properties preserved unto them and whereas the said Grand Assembly on great Deliberation have considered by what convenient ways and means those Agrievances might be removed how our Liberties Priviledges immunities rights and Properties might be had made and established to us and our Posterity have thought fit that an humble Address and Supplication be made to his Sacred Majesty by this Grand Assembly in the name of this his Majesties most Loyal Colony setting forth as well by what Legal Grants and Concessions his Majesty and his Royal Progenitors have from time to time been graciously pleased to indulge this Colony the grievous Pressures likely to grow on us by reason of the late Grants to the Lords That his Majesty would graciously please to Revoke the said Grants to the Lords and for securing us from our fears in time to come of being removed from his Majesties immediate Protection To confirm our Liberties Priviledges Immunities rights and Properties as aforesaid by his Majesties Royal Charter that certain Gentlemen in whose honour integrity Care for promoting the good of this Country this Grand Assembly have a just Confidence be desired to Address themselves to his Majesty in the name of the Grand Assembly and Negotiate in England all other publick affairs of this Country and because it is manifest that a work of this Nature is not to be undertook nor effectually prosecuted without money and that we be not imprudently wanting to our selves in a matter of so great Importance this Grand Assembly have thought fit that a sum of Money be raised of and from the Inhabitants of this Country to be used and Imployed towards the Accomplishment of the ends and Purposes aforesaid Be it therefore Enacted by the Governour Council and Burgesses of this Grand Assembly and the Authority thereof that fifty pounds of Tobacco besides Cask and Sallary be Levyed from every tythable person within this Colony this present year Levies to be made for carrying on the same and fifty pounds of Tobacco besides cask and Sallary the next year and that this be disposed to several Undertakers at the rate of Eight Shillings per Cent. for producing Money as aforesaid and Accomplishing the ends and Purposes aforesaid in manner and Form following viz. The Fifty pounds of Tobacco to be Levyed this present year in the Counties of York New-Kent Glocester and Middlesex be paid to the several Undertakers of those Counties at eight Shillings per Cent How to be raised by the Sheriff or Collectors of those Respective Counties They paying double the money this present year That Fifty pounds of Tobacco per Poll doth amount to at Eight Shillings per Cent. and to accept of their full Compensation of their present disbursments Fifty pounds of Tobacco per Poll. of the same Counties aforesaid the next year and that the Undertakers for the rest of the Counties in Virginia pay no more money then Fifty pounds of Tobacco doth amount to at Eight Shilling per Cent. this present year to be paid them by the Sheriffs or Collectors of those Counties aforesaid and the like summ of money next year upon payment made to them of fifty pounds of Tobacco per Poll. and ordered them to be Levyed and that all Sheriffs and Collectors who have the charge of those Payments to the Undertakers be and are hereby strictly required to cause Payment to be made of the best Tobaccoes and as convenient as may be Provided alwayes that if no Undertakers do present themselves for any of those remaining Counties that then the Respective County-courts are hereby required and commanded to Ship the Tobaccoes within the Counties for England and consigne it to sufficient Merchants and to cause the neat produce of it to be paid unto Mr. Secretary Ludwel and Colonel Daniel Park for the Account of the Grand Assembly of Virginia And be it further Enacted by the Authority aforesaid that the money which shall be found due on the ballance of the Account of the two Shillings per Hogshead be also remitted into England to the Order of the Grand Assembly as aforesaid And whereas this Grand Assembly are also sensible by the lowness of the publick Revenue that money may yet be wanting for the advance and carrying on this most necessary work Be it also further Enacted by this Grand Assembly and the Authority thereof that seventy pounds of Tobacco per cause in the general Courts and fifty pounds of Tobacco per cause in the County-courts shall be amerced in the name of the Penalty upon every Person that shall be cast in any suit except in Action of debt in which if any be cast he or they so cast as aforesaid shall be Amerced in the general court Fifty pounds of Tobacco if in the County-court thirty pounds of Tobacco and in case of appeals double Provided nevertheless that all causes of Orphans be out of this clause of amercements utterly excused and foreprized and be it further Enacted by the authority aforesaid that the clerks of the county courts give account of the said amercements also of all lines arising on Penal Laws at the raising of the Levy when the courts
of June 1676. Whilst the Governour Council and Burgesses were met and Convened together at a Grand Assembly to Consult the great Concerns of the Countrey did enter James City in a Rebellious manner with a considerable number of Armed Men to the number of six hundred or thereabouts All Acts of Assembly made during the Rebellion raised by Bacon Repealed Environing and Besieging the Governour Council and Burgesses and offering force and violence to them and every of them threatning them with suddain death if they would not grant his unreasonable unlawful Rebellious and Treasonable Demands and by his Threats and offered violence did obtain to himself whatsoever he so unlawfully demanded And whereas the Kings Most Excellent Majesty by his gracious Proclamation and the Right Honourable the Governour by his Proclamation hath long since declared all the Proceedings of the said Assembly to be void in Law Be it therefore Enacted by this present Grand Assembly and the Authority thereof That all Acts Orders and Proceedings of the said Grand Assembly be Repealed and made void and Null V. An Act for Relief of such Loyal Persons as have suffered Loss by the late Rebels Repealed by His Excellencies Proclamation Anno 1680. Vide Act 1. 1680. VI. An Act ascertaining the price of Cockquets VVHereas Complaint hath been made to this Assembly that for times past there hath been usually taken and received several and divers Sums of Money from the Inhabitants of and Traders into this Collonie under the notion of Cockquet-money in some places one penny per Hogshead in some places twelve-pence for each Cockquet or several Bill of Loading for Tobacco shipped or divers and sundry marks in one Bill of loading and that there hath hitherto been no Law or Act of Assembly for the same Be it therefore Enacted by the Governour Council and Burgesses of this Grand Assembly and the Authority thereof and it is hereby Enacted that from and after the publication hereof One half-penny Per Hogs-Head payable for all Bills of Loading not containing above Twenty Hogs-Heads the Rate and Price for every Cockquet be as followeth viz. One half-penny per Hogshead for all such quantities and parcels as shall be contained in one Bill of loading or Entry which shall not exceed the number of Twenty Hogsheads and twelve-pence for every Cockquet for all such quantities as shall be contained in one Bill of loading or Entry which shall exceed the number of Twenty Hogsheads In Bills of Loading exceeding that number 12 d. for every Cockquet and no more shall be taken for each Cockquet although different marks shall be contained in one and the same Entry or Bill of loading And be it further Enacted by this present Grand Assembly and the Authority thereof And it is hereby Enacted that the Acts of Assembly made in the year 1661 2. The Act made in the year 1666. and 1669. which allows the impost money of two shillings Per Hogshead to such Owners as dwell and reside in Virginia A Repeal made of several Acts Relating to the payment of 2 s per Hogshead Impost be from henceforth Repealed except onely to such Owners of Ships or Vessels as already have been built or hereafter shall be built in Virginia and shall wholly belong bona fide to Owners residing in this Countrey Provided alwayes that such Ships as are now within the Capes and are wholly belonging to Virginia-Owners be for this present Voyage free from paying the said Impost of Two Shillings according to the intent and meaning of the afore-recited Acts. And be it further Enacted that for the time to come there be no Fees taken for Vessels or Ships built in this Colony and belonging wholly to the Inhabitants of this Countrey other than two shillings six-pence for Entry what Fees are to be taken for Vessels built in this Colony and belonging wholly to the Inhabitants thereof two shillings and sixpence for Licence to Trade two Shillings and six-pence for clearing and two shillings and six-pence for the Bond. VII An Act Limiting Masters dealing with their Servants WHereas several Complaints are made that divers and sundry Masters of Servants during the time of several their Servants servitude and more especially some small time before the expiration of their service do by indirect meanes make sundry and divers bargains and Agreements to the Servants great Injury hurt and damage who because of his Coverture is drawn in and often times necessitated to Comply with the avaritious tempers and unreasonable desires of such Masters for the prevention whereof for the Future Be it Enacted by the Governour Council and Burgesses of this Grand Assembly and the Authority thereof That from and after Publication hereof it shall not be lawful for any Masters of Servants to make any Bargaine or Agreement with his Servant before the time of his first Service by Indenture or Custome of the Countrey is expired and fully ended either for such Servants Corne and Clothes or otherwayes No Master shall make any Bargaine or Contract with his Servant before the full time of his service be expired unless it be in the presence of and with the approbation of some Justice of the peace except the same be made and Confirmed betwixt such Master and Servant bargaining and agreeing in the presence and with the approbation and good liking of some one or more Justices of the peace in the Countie where such Master resides upon the penalty of forfeiting to such Servant such time of service as shall be due to the Master at the time of making such Bargaine otherwayes and in other manner then is herein set down by this Law meant and intended and also all other advantages and agreements contained conditioned for or included in such Bargaine or Agreement whatsoever VIII An Act Limiting times of Receipt and Payment of Publick Tobacco VVHereas several persons have been and still are lyable to be prejudiced by the Remissness of Sheriffs and Collectors of the Publick and County-Leavies who often take advantagious times to demand and receive the publick Dues and other Collections for which they may in several Cases make seizure and distress for prevention whereof for the future Be it Enacted by this present Grand Assembly and the Authority thereof And it is hereby Enacted That the 80th Act of Assembly in the Printed Book of Acts Limiting a certain time when Creditors shall demand their Debts shall be interpreted and holden to extend to Sheriffs other Collectors of the Publick Countie-Leavies and of all other Sheriffs and Clerks Fees And also that all publick Countie-Debtors and all Debtors of or for Sheriffs or Clerks Fees may have the benefit and Liberty of the second Act of Assembly made in the year 1666. which admits of Tenders of Tobacco to the Creditors according to the full intent meaning or purport thereof And be it further Enacted by this Grand Assembly and the Authority thereof That in Case of Collecting the
herein particularly named and expressed And be it further Enacted by the Authority aforesaid that all and every such person and persons their and every of their Heirs Executors and Administrators except as hereafter excepted that were actually engaged in Aiding Acting or Advising Assisting Abetting or Councelling the said Rebellon shall have and enjoy all and every their Lands Tenements Hereditaments Goods and Chattels whatsoever forfeited to his Majesty his Heirs and Successors for any of the Crimes aforesaid in the same manner and as freely to all intents and purposes as if they had not been forfeited yet so that they and every of them and their Estates Real and personal shall be subject and lyable to pay all and singular their just Debts in the same manner as if they had committed no Rebellion Crimes or Offences except and always foreprized out of this Act the above-named Nathaniel Bacon Junior the principle contriver beginner and maintainer of the said Rebellion who having taken up Arms under pretence of an Indian War assumed unto himself the Title of General and did afterwards chace away the then Governour there rob kill and continue to destroy several other of his Majesties Loyal Subjects that refused to take the detestable Oaths imposed by the said Bacon until it pleased the Almighty to send him the said Bacon an infamous and exemplary death whereby he hath escaped the punishment in this world so justly due to his person Be it therefore Enacted Nathaniel Bacon Junior Attainted of High-Treason and it is hereby Enacted by the Authority aforesaid that the said Nathaniel Bacon Junior shall be by vertue of this Act and is hereby adjudged to be convicted and attainted of High-Treason to all intents and purposes as if he had been convict or attainted thereof by due course of Law in his life time and that all the Estate Real and Personal whereof he was seized or possessed upon the fifth day of June 1676. or at any time after within the Colony of Virginia shall be forfeited to the Kings Majesty his Heirs and Successors and is hereby declared to be vested in His Majesty his Heirs and Successors without any Office or Inquisition thereof to be hereafter taken or found Provided always and be it Enacted that this Act nor any thing therein contained shall extend to Pardon discharge or give any other benefit whatsoever unto Giles Bland Anthony Arnold Richard Turner Richard Pomfrey John Isles Robert Stokes John Whitson and William Scarbrough alias Scarburgh who were all legally Convicted Attainted and Executed for their Horrid Treasons Persons excluded from the benefit of the Act of Indemnity and Rebellions or to Richard Lawrence who fired James City and is since fled notwithstanding his Majesties gracious Proclamation but that the persons last aforesaid and their Estates are out of this Act wholly excepted and foreprized Provided also and it is hereby Enacted by the Authority aforesaid that if Joseph Ingram Gregory Walklate Thomas Whaley John Forth and John Longolon shall at any time after the passing this Act accept or exercise any Office or Publick employment whatsoever within the said Colony of Virginia that then such of them as do so accept or exercise as aforesaid shall to all intents and purposes stand as if he or they had been totally excepted by name out of this Act. And whereas many of his Majesties Loyal Subjects cannot but be very great sufferers by the Spoiles and Rapines committed during the late Rebellion to the intent that they may have as much Relief therein as may possibly stand with the quiet of the Country as also for the avoiding and determining the endless Suits and Prosecutions which must necessarily ensue if care be not taken to prevent the same Provision made for Relief of such as were sufferers by the late Rebellion It is hereby further Enacted by the Authority aforesaid that as to any wrong or injury which hath been committed by any person or persons at any time between the first day of May and the sixteenth day of January 1676. whereby the Goods or Commodities of any his Majesties Subjects in Virginia have been destroyed or spoiled or have been impaired or made worse and for which no Judgment hath been actually obtained before the 25th day of April 1679. on the one and thirtieth year of his Majesties Reign no account suit Process or satisfaction be at any time hereafter required prosecuted made or given for the same from or against any person or persons whatsoever Provided always that where the Goods of any of his Majesties Subjects not actually engaged in the said Rebellion or being aiding or assisting to the same have been wrongfully taken away between the said first day of May and the said sixteenth day of January and shall be found in the possession of any other person or persons it shall and may be lawful for the Owner or Owners of such Goods or Commodities his or their Executors or Administrators to take sue for and recover the same by all legal means any thing in this Act contained or any other Laws Acts or Statutes to the contrary notwithstanding Provided always that no further Punishment Satisfaction or Damages shall be Recovered or Inflicted on any Christian Servants that have â—eserted their Masters or been active in the late Rebellion then that time incurring between the said first day of May and the said sixteenth day of January shall be accounted no part of their time of Service And be it further Enacted by the authority aforesaid that no Verdict Judgment and Indictment Informations Decrees Sentences Probats of Wills Administrations Writs or Actings on or return of Writs Orders or other Proceedings whatsoever in Law and Equity had made given taken or done or depending in any Courts whatsoever or before any Judges within the said Colony of Virginia nor any Actings Process Proceedings or Executions thereupon had made given done or suffered before the passing of this Act within our said Colony shall be avoided for or by Reason that the Premisses or any of them were commenced prosecuted had made held or done by or before any Person pretending and assuming the Name Title Authority and Dignity of Governour of the said Colony though he were not legally so or before any Person or Persons pretending and assuming the name Title and Authority of Councellors in the said Colony though not legally so but that all and every such Verdicts Judgments and other things above mentioned and the actings doings and Proceedings thereupon shall be of such and of no other Force Effect and vallue then as if such Person so Assuming the name Title Authority and Dignity of Governour had been legally Commissioned by his Majesty thereunto and as if such Person or Persons pretending the name Title and authority of Councellor there had been legally authorized thereunto And whereas during the Licentiousness of the late times several ill disposed Persons took upon them to asperse the Government and defame the Governour
and chief Magistrates of the said Colony raising false and Scandalous Reports without which our good Subjects there could not have been so easily led away which cannot but tend to the future Disturbance of the Peace and Welfare thereof if not timely prevented by Inflicting Punishments proportionate to the greatness of the Crime Be it therefore enacted by the authority aforesaid that whosoever shall after the passing of this Act maliciously and advisedly by writing speaking or otherwise express publish utter or declare any Words Sentences or other thing or things to incite or stir up the People to the dislike of any Person appointed by his Majeâ—â—y to be Governour or Commander in chief of the said Colony Any Person who shall either by words or writing defame the Governour shall suffer a years Imprisonment without Bail c. or tending to the dishonour or defaming of the said Governour or Commander in chief for the time being and being thereof legally convicted shall be imprisoned during one year without Bail or Mainprize and incur such Forfeitures as shall be adjudged not exceeding the sum of five hundred pounds to the Kings most Excellent Majesty his Heirs and Sucessors And it is in like manner Enacted that whosoever shall maliciously and advisedly by writing speaking or otherwise express publish utter and declare any words Sentences or other things to incite or stir up the People to the dislike of his Majesties Councellors Judges or other principal Officers within the said Colony tending to the dishonour or defaming of the said Councellors Judges or other principal Officers and being thereof Lawfully convicted shall be imprisoned during three Months without Baile or Mainprize and incur such Forfeiture as shall be adjudged not exceeding the sum of one hundred pounds to the Kings most Excellent Majesty his Heirs and Successors any Act or Acts Order or Orders to the contrary in any wise notwithstanding II. An Act for Naturalization WHereas nothing can contribute more to the speedy setling and peopling of this his Majesties Colony of Virginia then that all possible encouragement should be given to persons of different Nations to Transport themselves hither with their Families and Stocks for to settle plant or Reside by investing them with all the Rights and Priviledges of any of his Majesties natural Free-born Subjects within the said Colony Be it therefore Enacted by the Kings most Excellent Majesty by and with the consent of the General Assembly and it is hereby Enacted by the authority aforesaid that it shall and may be lawful for the Governour or Commander in chief for the time being or any of his Successors Governours of this Colony by a publick Instrument under the broad Seal thereof to declare any Alien or Aliens Forreigner or Forreigners being already setled or Inhabitants of this his Majesties Colony or such as shall hereafter come for to settle The Governor may naturalize such Forreigners as shall seat themselves in this Colony plant or reside in it and having taken the Oath of Alleigance before the Governour or commander in chief for the time being to be to all intents and purposes fully and compleatly naturalized and the said Persons so approved of and named in the said Letters Pattents as aforesaid shall by vertue of this Act have and enjoy to them and their Heirs the same Immunities and Rights of and unto the Laws and Priviledges of this Colony and as fully and amply as any other of his Majesties Natural born Subjects have or enjoy within the same as if they themselves had been born within any of his Majesties Realms or Dominions any former Law Act Ordinance usuage or custom to the contrary in any wise notwithstanding And to the intent the said Letters Patent and instrument under the Broad Seal of this Colony as aforesaid may be obtained without any great difficulty or charge be it further enacted that the Governour or Commander in chief shall have and receive for the same forty Shillings and his Clerk for writing of it ten Shillings and no more and whereas several Aliens and Forreigners that have formerly transported themselves to this his Majesties Colony and have taken up and Patented in their own Name several Parcels of Land or otherwise made purchase of Lands Houses Tenements or other real interest and have afterwards sold the same to some of his Majesties Leige People or Inhabitants of this Colony It is therefore hereby Enacted and Ordained by the authority aforesaid that all such person or persons that shall have so bought of any Alien or Aliens any Lands Houses or Tâ—nements be secured and by vertue of this present Act for ever confirmed in the quiet and peaceable Possession of the said Purchases unto them and their Heirs for ever any former Law Usuage or Custom to the contrary in any wise notwithstanding Provided that nothing in this Act contained shall be construed to enable or give power or Priviledge to any Forreigner to do or execute any matter or thing which by any of the Acts made in England concerning his Majesties Plantations he is disabled to do or execute III. An Act for raising a Publick Revenue for the better Support of the Government of this his Majesties Colony of Virginia WHereas there is a great and continual charge Required for the Maintenance of the Governour and several other Officers and Persons as also for the Fort and Fortifications besides many other contingent expences absolutely necessary for the Support of the Government of this Colony Be it therefore enacted and it is hereby enacted by the Kings most Excellent Majesty by and with the consent of the General Assembly that for every Hogshead of Tobacco that shall at any time hereafter be exported out of this Colony by Land or water to any other place whatsoever Two Shillings to be paid for every Hogshead of Tobacco exported there shall be paid by the Exporter two Shillings of currant money of England as also for every five hundred pounds of Tobacco exported in Bulk or otherwise and so proportionable for a greater or lesser quantity the same to be to the Kings most Excellent Majesty his Heirs and Successors for ever to and for the better Support of the Government of this his Majesties Colony of Virginia in such manner as is herein before exprest and to and for no other use intent and purpose whatsoever And be it further Enacted by the Authority aforesaid that all Ships or vessels whatsoever coming to this Colony or any part thereof shall Respectively pay for every Tun such Ships or vessel shall contain one half pound of good and new Gunpowder and three pounds of Leaden Shot or one Shilling three pence Sterling in lieu thereof as also Sixpence per Poll for every person imported not being actually a Marriner in pay All Ships or Vessels whatever coming to this Colony shall pay ½ al. of Powder and 3 l. of Shot or 1 s. 3 d. money in Lieu thereof the same to be
also to the Kings most Excellent Majesty his Heirs and Successors for ever for the better support of the Government of this his Majesties Colony of Virginia in such manner as is herein before expressed and to and for no other use intent or purpose whatsoever And for the better discovery and preventing of Frauds Be it further Enacted by the Authority aforesaid Sixpence per Poll payable for all Persons imported Marriners excepted that the Master of every Ship or Vessel shall deliver his Boatswains Book to the perusal of the Respective Collectors and make Oath of the truth thereof to the best of his knowledg and that the Mate Boatswain Seamen or other persons be also sworn if there be cause for the discovery of the truth of the freight and if any Master shall wittingly or willingly conceal any part of his Freight or make false entry of the burthen of his Ship or Vessel or number of persons imported as aforesaid that then the said Master shall forfeit for every such Offence the sum of One Hundred Pounds Sterling as also the treble duties for every Hogshead or five hundred pounds of Tobacco and for every Tun concealed one Moitie to the Informer and the other Moitie to the Kings most Excellent Majesty his Heirs and Successors to and for the uses above mentioned and to be recovered by action of Debt Bill or Plaint by virtue of this Act against which no essoing wager of Law or protection to be allowed to any person so offending And it is hereby further Enacted by the Authority aforesaid that the Respective master of every Ship and Vessel shall enter into a Bond of Twenty Pounds Sterling to the Kings most Excellent Majesty his Heirs and Successors for the payment of the Duties of so many Hogsheads or five hundred pounds of Tobacco as shall upon due Certificate appear to be entred in the Custom-house in England more than shall be entered and paid to the Respective Collectors and other Officers in Virginia unless the said Collectors and Officers be fully satisfied of the true number of Hogsheads and Freight of the said Ships and Vessels the said Bond to be made without any Fee and to be void to all intents as if never made if not put in suit upon due Certificate to be procured by the Respective Collectors from the Custom-house in England within one year from the making thereof which said Collectors and other Officers are hereby required to use their utmost diligence in the due execution of this Act and shall be allowed their usual salleries or such other as by the Governour or Commander in Chief for the time being with the advice of the Council shall be adjudged necessary for Collecting the said imposition which said Governour or Commander in Chief for the time being is also hereby further Authorized and impowered from time to time with the advice of the Council as is before specified to give such reasonable allowances and encouragement as shall be adjudged fitting not exceeding ten per Centum to such Masters of Ships or other persons as shall give in true accounts and advance and pay down the above mentioned dutys either in money or good and sufficient Bills of Exchange to the satisfaction of the Respective Collectors Provided always and it is hereby Enacted and declared by the Authority aforesaid that the Act of Assembly in the Printed Book Intituled Imposition of two shillings per Hogshead made at a Grand Assembly held at James City the 23d of March 1661. also one other Act Intituled An Act for the imposition of two shillings per Hogshead made at James City the second of December 1662. also one Act in the Printed Book Intituled Castle-duties to be paid made at a Grand Assembly holden at James City the 23d of March 1661. and all other former Acts for the raising or levying of two shillings per Hogshead Impost upon Tobaccoes exported out of this his Majesties Colony of Virginia or for raising or levying Castle Duties Tunnage or head-money be and are hereby by vertue of this Act fully Repealed and made void to all intents and purposes any thing in this Act or any other Law Statute Custom Usuage or instructions whatsoever to the contrary notwithstanding Provided also and it is hereby Enacted and declared by the Authority aforesaid that the Priviledges of Virginia-Owners of Ships expressed and set down in the CXXXIIII Act in the Printed Book Intituled Priviledge of Virginia-Owners made at James City the 23d of March 1661. and one Act made at James-City the 20th of October 1669. Intituled An Act for freeing Virginia-Owners from Castle-Duties shall be and are hereby meant and intended to be in full force power and virtue to the benefit use and priviledge of all and every such Owner or Owners any thing in this Act or any other Act Law Statute Custom usuage or Instructions whatsoever to the contrary notwithstanding IV. An Act for continuation of the several Fortifications and Garrisons at the heads of the four great Rivers WHereas the number of Soldiers at the several Garrisons apointed by Act of Assembly made at James-City the 25th day of April 1679. is found too chargeable for the great poverty of the Inhabitants of this Countrey and longer to lye under and nevertheless the holding up any maintaining the said Garrisons and Fortifications against the incursions of the Indian-Enemy is deemed of absolute necessity Be it therefore Enacted and it is hereby Enacted by the Kings most Excellent Majesty by and with the consent of the General Assembly that the clause in the said Law appointing Forty Tithables to set forth one Souldier be from henceforth wholly repealed and made void and that the said Garrisons and Fortifications be continued and that from henceforward the number of Soldiers at each Garrison Each Garrison to have twenty Souldiers besides the chief Commander over and besides the Commander in chief thereof be twenty in number out of which number two Corporals to be chosen by each Respective Commander in chief and that such twenty Souldiers for each Garrison as aforesaid be appointed and chosen as also their Horses Arms and Furniture out of those who are now there or ought to be there by each Respective Commander proportionally out of the several Counties to which they appertain and that for a supply of the said twenty Souldiers Horses Arms or Furniture so made choice of as aforesaid and happening to dye or any ways become disabled by sickness or otherwaies that then such dificiency upon notice given by the Commander in chief to the Justices or first in Commission of such County-Court to which County such Souldier or Souldiers c. shall belong shall forthwith be supplied according as the aforesaid Act of Assembly made the 25th of April 1679. directs and it is further Enacted by the Authority aforesaid that each Officer and Souldiers pay shall be and continue as is set down in the said recited Act of Assembly which charge shall
or Attorneys so Licenced as aforesaid take demand or receive from any persons for any cause in the general court Five hundred pound of Tobacco the Attorney Fee for pleading a Cause in the General Court and 150 for every cause in County-courts and bringing the same to Judgment more then five hundred pounds of Tobacco and Cask and for any cause in the County-court and bringing the same there to Jugdement more then one hundred and fifty pounds of Tobacco and Cask and it is hereby declared and enacted that every Attorney or Attorneys shall have for every cause he undertakes in the general court five hundred pounds of Tobacco and Cask and for every cause he undertakes in the County-court one hundred and fifty pounds of Tobacco and Cask which he may Lawfully claim without any Pre-agreement made with the parties for the same and be it further Enacted by the Authority aforesaid and it is hereby Enacted that all such Attorney or Attorneys that shall refuse to plead any cause in the general court for the aforesaid ascertained Fee of five hundred pounds of Tobacco and Cask shall forfeit and pay to the person grieved five hundred pounds of Tobacco and Cask after Legal conviction on due proof thereof made to be Recovered by due Process of Law Fine laid on Attorneys Refusing to plead for the Fee aforesaid and upon Refusal of any cause in the County-Court shall pay to the party grieved one hundred and fifty pounds of Tobacco and Cask after legal conviction as aforesaid to be Recovered by due process of Law Any Person may notwithstanding plead his own cause Provided always that this Act or any clause therein shall not extend to debar any man that is capable of pleading and managing his own cause in any the said general or County-courts but that he may be permitted and allowed to plead and manage his own business any thing in this Act to the contrary notwithstanding VII An Act Ascertaining the time when Negro-Children shall be Tythable WHereas it is deemed too hard and severe that children as well Christian as Slaves imported into this Colony should be lyable to Taxes before they are capable of working Be it Enacted by the Kings most Excellent Majesty by and with the consent of the General Assembly and it is hereby Enacted by the Authority aforesaid that all Negro Children imported or to be imported into this Colony shall within three months after the publication of this Law or after their arrival be brought to the County-Court where their Age shall be adjudged of by the Judges holding Court and put upon Record which said Negro or other Slave so brought to Court Adjudged and Recorded shall not be accounted Tythable until he attains the age of twelve years Negro Children imported shall not be accounted Tythable till 12 years of Age. any former Law Usuage or Custom to the contrary notwithstanding And be it further enacted by the Authority aforesaid and it is hereby enacted that no Christian Servants imported into this Country And Christian Servants Imported not till they are 14. shall be Tythable before they attain to the age of fourteen years any former Law Usage or Custom to the contrary notwithstanding VIII An Act Licensing a Free Trade with Indians BE it enacted by the Kings most excellent Majesty by and with the consent of the General Assembly that all former Acts of Assembly Restraining Limiting and Forbidding Trading with Indians be and stand hereby Repealed and they are hereby Repealed and that henceforth there be a free and open Trade The time this Act shall continue in force for all persons at all times and places with our friendly Indians and that this Act continue in force until the end of the next Sessions of Assembly IX An Act ascertaining Allowance for Cask BE it enacted by the Kings most excellent Majesty and with the consent of the General Assembly and it is hereby Enacted that from and after the Publication of this Law the allowance of Cask for Publick County and Parrish-Levys and for Clerks and Sheriffs Fees be eight per Cent. and no more Allowance of Cask for Publick and County Levys c. shall be eight per Cent. and no more and that all Sheriffs or other Collectors of the same shall allow the Planter or others eight per Cent. for his Cask as aforesaid upon Penalty of paying for refusing so to do one hundred pounds of Tobacco to the Party grieved and to whom he shall deny such allowance on due proof thereof made to be recovered by action of Debt in any Court of Record or before one single Justice of the Peace if the same exceed not Two Hundred Pounds of Tobacco X An Act for preventing Negroes Insurrection WHereas the frequent meeting of considerable numbers of Negro-Slaves under pretence of Feasts and Burials is judged and deemed of dangerous consequence for prevention whereof for the future Be it enacted by the Kings most excellent Majesty by and with the consent of the General Assembly and it is hereby enacted by the Authority aforesaid that from and after the Publication of this Law it shall not be lawful for any Negro or other Slave to carry or arm himself with any Club Staff Gun Sword or any other Weapon of Defence Negroes shall not go armed nor depart from off their masters ground without Certificate or offence nor to go or depart from off his Masters Ground without a Certificate from his Master Mistress or Overseer And such permission not to be granted but upon particular and necessary occasions and every Negro or Slave so offending not having Certificate as aforesaid shall be sent to the next Constable who is hereby enjoyned and required to give the said Negro twenty lashes on the bare back well laid on and so sent home to his said Master Mistress or Overseer Resistance of Negroes or any other slaves punished and it is further enacted by the Authority aforesaid That if any Negro or other Slave shall presume to lift up his hand in opposition against any Christian shall for every such Offence upon due proof made thereof by the Oath of the Party before a Magistrate have and receive thirty lashes on the bare back well layed on And it is hereby further enacted by the Authority aforesaid that if any Negroe or other Slave shall absent himself from his masters service and lye hid and lurking in obscure places committing injuries to the Inhabitants shall resist any person or persons that shall by any lawful authority be imploied to apprehend take the said Negroe that then in case of such resistance Fugitive-Negroes resisting such as are imployed to apprehend them may be killed it shall be lawful for such person or persons to kill the said Negroe or Slave so lying out and resisting and that this Law be once every six months published at the Respective County-Courts and Parish Churches within this Colony XI An
Act for Presentation and Delivery of Grievances FOr as much as it hath been the frequent practice of ill disposed and seditious persons to deliver to their Burgesses and they to the Assembly scandalous and seditious Papers and to intitle or call them the Grievances of such Countie or Counties wherein they dwell neither giveing or presenting the same in lawfull manner nor in truth being known to any other of his Majesties good Subjects of such County whose Title they bear Be it enacted by the Kings most excellent Majesty by and with the consent of the General Assembly Sberiffs of each County shall before every Sessions of Assembly appoint a time and place for receiving Presentments of Grievances Such Presentments shall be signed and it is hereby enacted by the Authority aforesaid that the Sheriffs of each County shall before every Session of Assembly appoint a time and place for presenting giving and receiving all County-Grievances which shall be signed by the Parties giving the same and attested by the Clerk of the County-Court or Chief Magistrate so to be and all other private Propositions or particular Ag-grievance shall be signed by the Party delivering the same or not to be received into the Assembly XII An Act prohibiting the exportation of Raw-Hides and Deer-Skins BE it enacted by the Kings most excellent Majesty by and with the consent of the General Assembly and it is hereby enacted that from and after Publication of this Act it shall not be lawful for any person or persons whatsoever to export out of this his Majesties Colony of Virginia any Untainted-Hides or Deer-Skins upon the Penalty of paying for every Raw-Hide or Deer-Skin one hundred Pounds of Tobacco and Cask that shall be found on Board any Ship Boat Sloop or other Vessel in order to such Exportation over and besides the forfeiture of all such Raw-Hides or Deer-Skins so found in exportation the one half to his Majesty his Heirs and Successors and the other half to him that shall make Information thereof And all Collectors of the two shillings per Hogshead and penny per Pound Customes are hereby required and enjoyned on every Information and Suspition of such exportation to make diligent search and seizure accordingly XIII An Act Prohibiting Vnlawful Disturbances of Divine Service BE it enacted by the Kings most Excellent Majesty by and with the consent of the General Assembly and it is hereby enacted by the Authority aforesaid That whosoever from and after the publication of this Act Any Person that shall disturb the Minister during the Exercise of his Ministerial Function shall for the first Offence be fined 200 l. of Tobacco and 500 for every such Offence after shall appear in any Church or Chappel within this his Majesties Colony whilst the Minister is exercising his Ministerial Function and shall disturb him by Words or any other manner of means whatsoever or shall there appear in any unseemly or undecent Gesture any Justice Sheriff or other Officers then present shall put such person or persons so offending under Restraint during Divine Service who shall also for the first Offence be fined two hundred pounds of Tobacco and Cask And for every such Offence as shall be by them or any of them committed after in the like Quallity shall be fined five hundred pounds of like Tobacco and Cask for every such Offence which Fines shall be Levyed by the Sheriff upon the Estate of the person or persons so offending by vertue of a Warrant from a Justice of the peace and such Justice of the peace that shall refuse or neglect to put this Law into severe Execution shall be fined five hundred pounds of Tobacco and Cask to the use of the Parish for every such neglect XIV An Act Reviving and Reinforcing an Act made at JAMES-CITY the 20 th of October 1665. and putting the same in Due Execution BE it enacted by the Kings most Excellent Majesty by and with the consent of the General Assembly and it is hereby Enacted by the Authority aforesaid that the eighth Act of Assembly made at JAMES-CITY the 20th of October 1665. Intituled An Act concerning Indians Be and hereby is Revived and Re-inforced to the end the same be put in due and Effectual Execution XV. An Act for the well clearing the Heads of the Rivers and Creeks from Loggs and Trees for the more safe Passage of Sloops and Boats VVHereas the Neglect of clearing the Heads and others parts of Rivers and Creeks from Loggs Trees Roots of Trees and other Rubbish hath occasioned and endangered the loss of several Sloopes Boats Tobaccoes and Merchandizing Goods in Carriage thereof to and from the Ships for the better prevention thereof for the future Justices of the Country Courts shall annually appoint the Surveyors of the Rivers and Creeks to clear the same from all trees Loggs Rubbish c. Be it Enacted by the Kings most Excellent Majesty by and with the consent of the General Assembly and it is hereby Enacted by the Authority aforesaid That from and after the Publication of this Law the Respective Justices of the several County-Courts do annually in June or July-Courts appoint and order the Surveyors for the Rivers to clear all and all manner of Loggs Trees Roots of Trees and other Rubbish as may any ways hurt and endanger any Sloop Boat or other Vessel from out of the Respective Rivers or Creeks heads or parts of any River or Rivers Creek or Creeks within their County and limited bounds as Surveyors which said clearing and Removeal of all Loggs Trees Roots of Trees and other Rubbish shall be as aforesaid annually performed according to the true intent and meaning of this Act under such pains and penalties for every Delinquent and Offender as are set down in 97th Act of Assembly in the Printed Book Intituled Such as shall fall Trees into the Rivers and not clear away the same fined 500 l. of Tobacco Surveyors for High-ways And if any shall presume to fall Trees into the Rivers or Creeks and not clear the same the Offendor shall be fined five hundred pounds of Tobacco the first Offence to the use of the County And for the second one Thousand pounds of Tobacco to the use aforesaid XVI Additional Fees Ascertained to County-Court Clerks BE it enacted by the Kings most Excellent Majesty by and with the consent of the General Assembly and it is hereby enacted that Those Additional Fees hereafter set down over and besides the fees nominated in the Printed Book be demanded and taken by County-court Clerks as just fees and none other viz. Â l. Tobacco pounds of tobacco For writing a pair of Indentures if amongst the parties as they can agree if bound by the Court. 40. For a Bond. 10. For a Retraxit 4. For siling endorsing Bill Accompt Petition or such like 3. For all Answers to Petitions if writ by themselves 10. If not writ by them and so for a Petition 5. For a Warrant
by command of Court or Justice 10. For a Chancery Bill if written in the way of other usual Petitions and exceed not one side of a whose Sheet of Paper 20. If more every such side 10. Recording the Pannel of a Jury and their Oath 10. Returning and Recording Executions 10. Returning and Recording Attachments 5. Recording the Acknowledgment for Satisfaction of a Judgment 10. For taking Inventories of Estates at Appraisement and outcryes if the Clerk be imployed he ought to be agreed with for that and his Attendance or if not agreed with the Court to award for his pains and trouble as they see cause For Returning Administrations and Probats of wills with their Security into the Secretaries Office having a Certificate from the Office of having so done 40. For procuring the signing of Administration and Probats 10. For writing and Publishing any Persons Departure or for Stray-horses or such like at the Court-house-door if writ by themselves 5. For Recording the same 5. For Acknowledging Land in Court and Recording thereof and Copy 25. For Relinquishing Dowers and recording thereof 20. For a Caveat 5. For entring and Returning References on the Docket 5. For a Quietus and Recording it 25. For a Bill of Costs 3. For a private Courts Attendance there 200. For Attendance at the Executing a Dedimus and return thereof to the Office 100. For returning Appeals and Securities 39. For recording the Issuing an Attachment 3. And if any Clerk of a County-court shall exact and take greater sums for any Fee then is here or in the Printed Book or by any other Law set down and established and shall be legally convict thereof Penalty of Clerks exacting greater fees than is here appointed such Person so offending shall forfeit for every pound of Tobacco so exacted and taken ten pounds of like to the Person or Persons so overcharged to be Recovered by Action of Debt any Law Custom or Usage to the contrary notwithstanding XVII An Act Restraining Striking and Killing Fish at Vnseasonable Times THe Inhabitants and Freeholders of the several Counties of Glocester Middlesex and Lancaster by their Burgesses at this Assembly complaining that the striking and killing of Fish with Giggs and Harping-Irons is very prejudicial injurious and destructive to themselves in particular and the whole Countrey in General And praying that by a Provincial Law there may be Restraint put upon such striking and destructive killing of Fish betwixt the Months of March and November Be it therefore enacted by the Kings most Excellent Majesty by and with the consent of the General Assembly and it is hereby enacted by the Authority aforesaid that from hence forward it shall not be lawful betwixt the first day of April and the first day of November No Person shall strike or kill fish betwixt the first of April and the first of November in the Counties of Glocester Middlesex Lancaster upon Penalty of forfeiting 500 l. of Tobacco for any person or persons whatsoever to kill or strike any fish whatsoever within the bounds and limits on the Waters or Shoars of Glocester County Middlesex County or Lancaster County with Gigg Harping-Iron or any other such like Instrument made or to be made of Iron Wood or other ways upon Penalty of forfeiting and paying for every time such Person shall be lawfully convict thereof five hundred pounds of Tobacco and Cask one half to the Kings Majesty his Heirs and Successors and the other half to him or them that shall inform thereof and sue for the same to be Recovered against every such Offender or Offenders in any of his Majesties Courts of this Colony of Virginia by Action of Debt Bill Plaint or Information any Law Custom or Usage to the contrary notwithstanding At a General Assembly begun at JAMES-CITY November 10. 1682. and in the four and thirtieth Year of the Reign of our Soveraign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King c. I. An Act to Repeal a former Law making Indians and others Free VVHere 's by the Twelfth Act of Assembly held at James City the third day of October Anno Domini 1670. Entituled An Act declaring who shall be Slaves it is Enacted that all Servants not being Christians being imported into this Country by shipping shall be Slaves but what shall come by Land shall serve if Boyes and Girls until thirty years of age if men or women twelve years and no longer And for as much as many Negroes Moors and Mulattoes and others born of and in Heathenish Idolatrous Pagan and Mahumetan Parentage and Country have heretofore and hereafter may be purchased procured or otherwise obtained as Slaves of from or out of such their Heathenish Conutry by some well disposed Christian who after such their obtaining and purchasing such Negro Moor or Mulatto as their Slave out of a pious zeal have wrought the conversion of such Slave to the Christian Faith which by the Law of this Country doth not manumit them or make them free and afterwards such their Conversion it hath and may often happen that such Owner or Master of such Slave being for some reason enforced to bring or send such Slave into this Country to sell or dispose of for his necessity or advantage he the said Master or Owner of such servant which notwithstanding his Conversion is really his Slave or his Factor or Agent must be constrained either to carry back or export again the said slave to some other place where they may sell him for a slave or else depart from their just right and Title to such slave and sell him here for no longer time then the English or other Christians are to serve to the great loss and dammage of such Master or Owner and to the great discouragement of bringing in such slaves for the future and to no advantage at all of the Planter or Buyer and whereas also those Indians which are taken in War or otherwise by our Neighbour Indians Confederates or Tributaries to his Majesty and this his Plantation of Virginia are slaves to them the said Neighbouring Indians that so take them and by them are likewise sold to his Majesties Subjects here as slaves Be it therefore Enacted by the Governour Council and Burgesses of this General-Assembly and it is Enacted by the authority aforesaid that all the said recited Act of the third of October 1670. Be and is hereby repealed and made utterly void to all intents and purposes whatsoever And be it further Enacted by the authority aforesaid that all servants except Turks and Moors whilst in amity with his Majesty which from and after Publication of this Act shall be brought or imported into this Country Indian Slaves c. though afterwards Converted to Christianity shall not withstanding continue Slaves still either by Sea or Land whether Negroes Moors Mulattoes or Indians who and whose Parents and Native Country were not Christians at the time of rhe
every time he shall neglect such Ranging and Scouting one Thousand pounds of Tobacco and Cask and that every Souldier that shall neglect or omit to appear at such Muster shall forfeit one hundred pounds of Tobacco in Cask and for not Scouting and Ranging as aforesaid two hundred pounds of Tobacco and Cask for every such default all which Forfeitures to be Recovered by Action of Debt by him or them that will inform the one half to the Informer and the other half to the use of the County And be it further enacted by the auhtority aforesaid that upon Notice Advice or Discovery of the Approach or Attempt of any Enemy the said Captain or Corporal of the Troop is hereby Required to give speedy Advice thereof to some one or more of the chief Officers of the Militia The Captain of the said troop upon approach of any Enemy shall give Notice thereof to the Officers of the Militia and he or they to his Excellency the Governour the Right Honourable the Deputy Governour or some one of the Honourable Council and in the mean time to observe and attend the Motion of the Enemy only unless he shall obstinately persist to commit Acts of Hostility and in such cases of Necessity to engage or destroy them if he see cause and in all things to attend and execute such Orders and Commands as he shall receive from the Governour and Council And it is further enacted That for their better Management and Orâ—ering their Horses and making them fit for service no Souldier presume to use or bring to service any other Horse then that only which shall be first Mustered and approved of of which each Captain is to take such Particular Notice as that he may know the Horse again unless in case such Horse shall be by some accident made unfit for service in which case such Souldier may provide himself of another able Horse in his stead which he is likewise not to part with unless for his first Horse again and this Act to continue in force for three years from the first day of January now next ensuing Provided always and be it enacted by the Authority aforesaid That the aforesaid Recited Act of the 8th of June 1680. Intituled An Act for the Continuation of the several Garrisons and Fortifications at the Heads of the four great Rivers be Repealed and it is hereby Repealed for three years under his Majesties good Liking and after until his Majesties Pleasure shall be signifyed to the contrary any thing herein to the contrary notwithstanding VIII An Act imposing further Penalties upon any person or persons that shall Publish or Declare that the Acts of Assembly of Virginia are not of force THis Assembly taking into their serious consideration that divers ill disposed persons wickedly intending to invalid the Laws of this Country and bring them into contempt and disrepute have moved and stirred certain doubts whether there be any Laws in force and efficacy so as to be binding to his Majesties Subjects being in this his Majesties Dominion of Virginia for preventing of such mischiefs Be it enacted by the Governour Council and Burgesses of this General Assembly and it is hereby Enacted and declared That if any person or persons shall at any times after the Publishing this Present Act maliciously and advisedly publish and declare by words or writing the Acts of Assembly of Virginia not repealed expired vacated or annulled by the Kings Most Excellent Majesty are not of force or binding within this his said Majesties Dominion to all his Majesties Subjects inhabiting or being therein such person or persons so offending shall be adjudged deemed and taken to be factious and seditious and contemners of the Laws and being thereof lawfully Convicted shall for the first offence be fined one Thousand Pounds of Tobacco and suffer one months Imprisonment without Bail or Mainprize and for the second offence Two Thousand Pounds of Tobacco and two months Imprisonment and for every such offence after double the Penalties and Forfeitures aforesaid one half of which Forfeitures to the Kings Majesty his Heirs and Successors and the other half to the Informer to be recovered by action of Debt in any of his Majesties Courts in this his Majesties Country which said Penalties are to be added and imposed over and besides all other Punishments that may be legally inflicted on such Offenders IX An Act Repealing an Exception in the 9th Act of Assembly made Anno 1664. WHereas the 9th Act of Assembly made at James City the twentieth day of September 1664. Intituled An Act concerning Arrests in Court-time exempt the Inhabitants of James-City-County from the benefit thereof leaving them lyable to Arrests in time of General Courts and Assemblies which is found injurious to many of the Inhabitants of the said County Be it therefore enacted by the Governour Council and Burgesses of this General Assembly and it it enacted by the authority aforesaid that the latter clause of the said Recited Act whereby the Inhabitants of the said County are excepted out of the said Act The Inhabitants of James-City-County freed from Arrests during the General Assembly be repealed and made void and that the Inhabitants of the said County have equal benefit of the said Recited Act with the other Inhabitants of this Country Provided alwayes nevertheless that this Act shall not extend to the Inhabitants of James-City but that they and every of them shall be lyable to Arrests in Court-time as though the Exception in the said Act of Assembly But not the Inhabitants of James-City Anno 1664. did still remain in full force any thing in this Act before mentioned to the contrary notwithstanding X. An Act that Witnesses be free from Arrests FOr asmuch as many Persons Summoned or Subpena'd as Evidences in Causes depending in the Courts of this Countrey many times fail in appearing for fear of being Arrested when they appear at Courts as Witnesses whereby many times many Inhabitants of this Countrey lose their Suits and just due Be it enacted by the Governour Council and Burgesses of this General Assembly and it is enacted by the Authority aforesaid that from henceforth all Persons Subpena'd as Evidences or Witnesses in any Cause or matter depending in any Court in Virginia shall be free from Arrests for any Debts or Trespass except at the Kings Suit during their Attendance at Courts and their direct coming to Court and Returning Home XI An Act for the Encouragement of the Manufactories of Linnen and Woollen Cloth BE it Enacted by the Governour Council and Burgesses of this General Assemby and it is hereby Enacted by the Authority aforesaid That what person or persons soever shall produce to the County-court where he or they shall Reside a Certificate under the hands of two Justices of the Peace of the same County whereof one to be of the Quorum that such Person or Persons have produced to them upon Oath of his or their own Growth or